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STATE v. HESS

No. 2008AP2231-CR.

785 N.W.2d 568 (2010)

2010 WI 82

STATE of Wisconsin, Plaintiff-Respondent-Petitioner, v. Michael R. HESS, Defendant-Appellant.

Supreme Court of Wisconsin.

Decided July 15, 2010.

Attorney(s) appearing for the Case

For the plaintiff-respondent-petitioner the cause was argued by Aaron R. O'Neil, assistant attorney general, with whom on the briefs was J.B. Van Hollen, attorney general.

For the defendant-appellant there was a brief by George M. Tauscheck, Milwaukee, and oral argument by George M. Tauscheck.

¶ 1 DAVID T. PROSSER, JR., J.

The issue presented in this case is whether the good-faith exception to the exclusionary rule permits the use of evidence obtained by a law enforcement officer in his execution of an arrest warrant that was void from the beginning because the warrant had no basis in fact or law. The State contends that suppression of evidence from a warrant issued solely as a result of judicial error would not further the purposes of the exclusionary...

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